7 episodes

The VA Form 21 Podcast, sponsored by appellate law firm Attig | Steel shares the full audio of oral arguments in Veterans Disability Compensation Appeals before the U.S. Court of Appeals for Veterans Claims (CAVC) and the U.S. Federal Circuit Court of Appeals.

VA Form 21 Podcast VA Form 21 Podcast

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The VA Form 21 Podcast, sponsored by appellate law firm Attig | Steel shares the full audio of oral arguments in Veterans Disability Compensation Appeals before the U.S. Court of Appeals for Veterans Claims (CAVC) and the U.S. Federal Circuit Court of Appeals.

    Episode 010: “No, I won’t give you my Debit Card PIN Number” (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

    Episode 010: “No, I won’t give you my Debit Card PIN Number” (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

    What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effective claim withdrawal in accordance with the regulation only where it […]

    • 51 min
    Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)

    Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)

    What the ‘MUCMI’ is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfunctional valve at the top of the stomach and bottom of the esophagus. Stomach […]

    • 1 hr 22 min
    Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)

    Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)

    General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has a statutory duty to consider whether any Board error was prejudicial. 38 U.S.C. § […]

    • 1 hr 30 min
    Episode 004: CAVC Oral Argument – Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)

    Episode 004: CAVC Oral Argument – Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)

    General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play.  There is one, and possibly more, diagnostic codes for rating veterans disabilities which include what are called “successive rating criteria”.  Camacho v. Nicholson, 21 Vet.App. 360 (2007). […]

    • 1 hr 24 min
    Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)

    Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)

    Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran may be entitled to an exam and an extraschedular rating under 38 C.F.R. § […]

    • 47 min
    Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)

    Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)

    What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as  filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. 3.156(b). The VA denied the veteran’s claim to […]

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